JUDGMENT :

Mohd. Aslam, J.

1. Heard learned counsel for the accused-appellant, learned A.G.A. for the State and perused the record.

2. The instant appeal has been filed by accused-appellant under Section 374(2) of Cr.P.C. against the impugned judgement of conviction and order of sentence dated 29.4.2013 passed by Additional Sessions Judge (ECP), Siddharth Nagar in Special Case No.9 of 2011 (State Vs. Mohd. School), arising out of Case Crime No.11 of 2011, under Section 8/20 of NDPS Act, Police Station- Shohratgarh, District Siddharth Nagar, by which the accused-appellant was convicted under Section 20(b)(ii)(C) of NDPS Act, 1985 and was sentenced to undergo rigorous imprisonment for a period of 10 years with a fine of Rs.1,00,000/-, in default thereof, to further undergo imprisonment for two years.

3. The brief facts of the prosecution case are that PW-1 S.I. Dinesh Kumar Yadav, In-charge SOG along with his companion police personnels was busy in patrolling duty near Nepal border for taking care of the area and for preventing of smuggling by a Government Specio Jeep No.UP55-G-0030 and on the way he took along with him S.I. Ram Samujh Prabhakar and Ct. Shriram Sharma from the police boo